Chief Adjudicator of the Federal High Court, Justice John Tsoho, has turned down the request to move the N80.2bn fraud case of ex-Kogi State Lead Representative, Yahaya Bello, from Abuja to Kogi State.
In a judgment on Monday, the court ordered that the solicitation by Bello, for the move of the supposed money laundering case established against him, by the Economic and Financial Crimes Commission (EFCC) to Kogi State, be presented in open court.
In a letter addressed to his legal counselor, misters Abdul-Wahab Muhammed and Musa Yakubu, the chief judge drew the attention of the former Lead Representative’s counsels to a pending appeal in the case: Yahaya Adoza Bello VS FRN wherein the defendant had sought a consequential order remitting the case to the chief judge for reassignment.
The letter, endorsed by his special assistant, said as a result, it would be ill-advised to make any move equivalent to pre-empting the result of the appeal.
“There is documentary evidence of a pending appeal in the case Yahaya Adoza Bello VS FRN filed on 17/05/2024 wherein the defendant as appellant has sought a consequential order remitting the case to the chief judge for reassignment. It is not proper to take any step that will be tantamount to pre-empting the outcome of the appeal.
“The main issue raised is jurisdictional in nature and will be more appropriately decided by the court. The matter should therefore be presented in open court,” the CJ stated.
The chief judge noted that the primary offence alleged verged on the conversion of Kogi state funds to purchase assets in Abuja, and that the filing of the case could either be in Abuja or Lokoja.
He referred to two ongoing cases before the FHC in charge no FHC/ABJ/CR/550/22 FRN VS Ali Bello and another, and another charge, FRN VS Ali Bello and three others, where a similar solicitation for move was made and the lower court turned down the application.
Bello had in June while petitioning for the plea, argued that he preferred to be arraigned in Lokoja, being the place where the alleged money laundering offence was committed.
During the consultation, Bello represented by his legal counsel, Adeola Adedipe (SAN), informed Justice Emeka Nwite that the letter soliciting for the move of the trial had previously been conveyed to the Chief Judge for his administrative decision.
In particular, Adedipe said the solicitation for Lokoja was on the grounds that the Federal High Court has territorial jurisdiction to listen to the matter in Lokoja.
The letter, addressed to Counsel for the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo (SAN), was signed by the Special Assistant to the Chief Judge, Joshua Ibrahim Aji, Esq.
Notwithstanding, the transfer request was vehemently opposed by the EFCC lead counsel, Dr. Kemi Pinheiro who portrayed the solicitation as an attempt to thwart the trial.
The EFCC legal counsel asked Justice Emeka Nwite to hold Adeola Adedipe (SAN) and Abdulwahab Mohammed (SAN), answerable for their failure to produce their client in court, regardless of the endeavors they made.
The EFCC legal counsel likewise requested that the two senior advocates be cited for contempt of court.
The court then fixed July 17 for the arraignment of the former Lead Representative and ruled on the request of EFCC to cite the senior lawyers for contempt.
The EFCC is trying to summon Bello on 19 counts verging on alleged money laundering, breach of trust, and misappropriation of assets to the tune of N80.2bn.
